Best Management Practices for Handling Excess Construction Soils

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Best Management Practices for Handling Excess Construction Soils
An Independent Study Commissioned by
Best Management
Practices for
Handling Excess
Construction Soils
in Ontario
Version 1
RCCAO
25 North Rivermede Road, Unit 13
Vaughan, Ontario L4K 5V4
Andy Manahan, executive director
e [email protected] p 905-760-7777
wrccao.com
The Residential and Civil Construction Alliance of Ontario (RCCAO) is composed
of management and labour groups that represents a wide spectrum of the
Ontario construction industry. The RCCAO’s goal is to work in cooperation with
governments and related stakeholders to offer realistic solutions to a variety of
challenges facing the construction industry and which also have wider societal benefits.
For more information on the RCCAO or to view copies of other studies and submissions,
please visit the RCCAO website at www.rccao.com
RCCAO members include: Carpenters’ Union • Greater Toronto Sewer and Watermain
Contractors Association • Heavy Construction Association of Toronto • International Union of
Operating Engineers, Local 793 • International Union of Painters and Allied Trades,
District Council 46 • Joint Residential Construction Council • LIUNA Local 183
• Residential Carpentry Contractors Association • Toronto and Area Road Builders Association
Design by Actual Media
Best Management
Practices for
Handling Excess
Construction Soils
in Ontario
Version 1
An Independent Study
Commissioned by the
RESIDENTIAL AND CIVIL CONSTRUCTION
ALLIANCE OF ONTARIO
November 2012
Table of Contents
Executive Summary
6
Foreword by RCCAO / Disclaimer
7
Acknowledgements and Background
8
1.0 Introduction
12
1.1 Purpose and Principles Involved
12
1.2 Intended Parties
14
1.3 Scope
14
1.4 Context and Objective of BMP
17
2.0 Principles for the Use of Materials as a Non-Waste
19
2.1 Factor 1 – Protection of Human Health and the Environment
19
2.2 Factor 2 – Suitability for Use Without Further Treatment
19
2.3 Factor 3 – Certainty of Use or Reuse
20
2.4 Factor 4 – Quantity of Material
20
2.5 Demonstrating the Four Factors
20
3.0 Demonstrating that Excess Construction Soil is not a Waste
21
3.1 Two Routes – Site Remediation or Development
24
3.2 Materials Management Plan (MMP)
24
3.3 MMP Tracking System
26
3.4 Verification Plan (VP)
27
3.5 Amendments to MMP
28
3.6 The Role of a Qualified Person (QP)
28
3.7 Further Characteristics of Qualified Person (QP)
29
3.8 The Process
30
3.9 Submission of the Declaration
30
3.10 Qualified Person Engagement
31
3.11 Verification Report (VR)
31
3.12 Role of the Regulator
32
3.13 Liaison
32
3.14 Auditing by Local Regulatory Agency
33
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4.0 Other Regulatory Issues
34
4.1 Storage on Site of Origin (SO) or Production
34
4.2 On-Site Disposal Operations
34
4.3 Groundwater Protection
34
FLOW CHARTS and APPENDICES
Flow Charts
Best Management Practice: Process Overview Summary
15
Flow Chart 1: Site of Origin (SO)
22
Flow Chart 2: Direct Transfer
23
Appendices
Appendix 1: Use on Site of Origin (SO)
35
Appendix 2: Use of Clean, Naturally Occurring Soil and Mineral
Materials on Another Development Site (Direct Transfer)
36
Appendix 3: Soil Recycling Centres
38
Appendix 4: Qualified Person Declaration
39
Appendix 5: Materials Management Plan (MMP) 39
Appendix 6: Qualified Person Requirements
40
Appendix 7: Municipal Procurement Practices
41
Appendix 8: Emergency Projects (TBD)
42
Appendix 9: Example Schematics (TBD)
42
Appendix 10: Categorization of Materials in Ground (TBD)
42
Appendix 11: Qualified Person Checklist (TBD)
42
Appendix 12: Definitions (TBD)
42
Appendix 13: RCCAO ad in ReNew Canada magazine
43
Table 1: Material Types and BMP Scenarios
44
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Executive Summary
O
ver the last three years, the Residential and
Civil Construction Alliance of Ontario
(RCCAO) has worked with government and
industry stakeholders to encourage the beneficial
reuse of “clean” excess construction soils, generally
referred to as “fill” in Ontario. Ongoing stakeholder
consultation identified the need for RCCAO to
clearly communicate and quantify all of the issues
involved in improving the handling and management
of excess construction soils and materials in Ontario
as well as the need to provide pragmatic direction
and solutions. A key consideration involved was the
reduction in unsustainable landfilling commonly
referred to as “dig and dump.”
In April 2012, RCCAO formed a joint industry
and government steering committee to develop
a recommended Best Management Practices
(BMP) for Handling Excess Construction Soils in
Ontario. This initiative was intended to provide
a workable interim process to clarify and address
recent regulatory change issues put forward by
the Ministry of the Environment (MOE), which
focused on larger, commercial, brownfield sites
under O.Reg. 153/04 legislative amendments.
An unintended consequence of the regulatory
changes made in 2009 was confusion and
negative project impacts regarding the movement
and handling of “clean” excess construction soils,
particularly from smaller municipal, residential,
and commercial projects.
The industry BMP process was developed in
consultation with the MOE, and is intended
to complement the current MOE draft Soil
Management – A Guide for Best Management
Practices document. RCCAO’s efforts to develop
a BMP have drawn heavily from a very successful
joint government/industry voluntary Code of
Practice (COP) approach recently developed in
6
the United Kingdom by an organization called
CL:AIRE (Contaminated Lands: Applications in
Real Environments).
Fundamentally, the BMP follows currently
acceptable site and environmental assessment
approaches in Ontario and is in compliance with
local regulatory requirements. The main objective
is to responsibly identify excess soils at a source
site or project that are a “non-waste” and handle
these soils accordingly, based on future beneficial
reuse either at the Site of Origin (SO) or at other
acceptable receiving locations. The approach
is risk based and is consistent with regulatory
requirements of producing no adverse effects to
the environment.
The BMP is based on a transparent process that
produces a Materials Management Plan (MMP)
for the handling of non-waste excess soils tied to
the remediation and/or development plans for the
site involved. The MMP includes a formal excess
soils tracking system, a Verification Plan (VP)
and any required contingency plan components.
An independent Qualified Person (QP) reviews
the MMP and, if satisfied, signs a Declaration
confirming excess soils are not waste based. This
approach encourages the beneficial reuse of excess
“clean” soils and facilitates the further development
of Soil Recycling Centres (SRCs), soil matching
capability at excess soil donor/receiver sites, and other
progressive environmental initiatives in Ontario.
This in turn leads to a more timely and cost-effective
infrastructure development and renewal process
while saving limited and dwindling landfill capacity
in an environmentally responsible manner.
Further details on the BMP and the supporting
reports and studies on the issues and challenges in
responsibly handling excess construction soils in
Ontario are available online at rccao.ca.
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Foreword by RCCAO / Disclaimer
Foreword by RCCAO
T
he Residential and Civil Construction Alliance of Ontario (RCCAO) has identified
the complex issue of dealing with excess construction soils and materials as a
major challenge in dealing with new developments and infrastructure projects in
Ontario. Continuing uncertainties with regard to applicable regulations and practices
have resulted in confusion that either slows down construction projects or results in
large volumes of excess construction soils being unnecessarily and expensively disposed
of in landfills by default.
The unnecessary disposal of “clean” excess construction soils not only leads to additional
project costs at the expense of real infrastructure capital investment, it also removes
limited and dwindling landfill capacity in Ontario.
Beyond these financial considerations, in environmental terms, the disposal of excess
construction soils is not a sustainable practice. Environmental issues range from truckrelated health concerns to safety and greenhouse gas emission concerns.
This current overreliance on “dig and dump” practices also inhibits the adoption of
risk-based approaches and development of new technology applications for the clean up
and beneficial reuse of excess construction soil at infrastructure development projects
and brownfield properties.
RCCAO continues to examine the issue, working with parties in jurisdictions outside
of Ontario to identify policy and fundamental changes to the current work process that
can be applied to encourage the beneficial reuse of excess construction soils and materials
both on- and off-site in a cost effective manner.
RCCAO and other parties continue to work with the Province of Ontario to address
the proper handling of excess construction soils through a sustainability lens. This Best
Management Practice (BMP) is part of that process.
DISCLAIMER:
Interpretation and opinions of regulations and policies expressed in this report are not to
be construed as legal advice. Any references to legal requirements are the responsibility
of the reader and must be investigated by legal counsel and other experts in conjunction
with the relevant Ontario government authorities.
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Acknowledgements and Background
T
he basis of this BMP document was the escalating concern in Ontario over the
handling of excess “clean” construction soils in Ontario. Over the years, various
stakeholder groups dealing with this issue have been working with the different
levels of government on appropriate and effective solutions to this concern.
In Ontario there are regulatory requirements for soils brought to Record of Site
Condition (RSC) sites. As government policy and regulations evolve in this area the
Ontario Ministry of the Environment (MOE), in consultation with several stakeholder
groups, developed a draft document entitled Soil Management–A Guide for Best
Management Practices (MOE BMP) dated April 19, 2012.
The MOE BMP focuses on providing guidance on how to manage excess soils at large
scale construction projects and commercial fill sites. While the document provides some
oversight in this regard, it does not provide guidance on how to manage these soils
at smaller municipal and commercial construction projects. RCCAO’s draft BMP for
Handling Excess Construction Soils in Ontario is intended to address these concerns.
There is also further recognition that the fundamental approach in this BMP may be also
applied with the consent of all parties involved at RSC sites where applicable and where
all parties contractually agree, through reliance letters or other acceptable contractual
mechanisms, to follow agreed upon BMP protocols as stated in the Material Management
Plans (MMP) in the BMP.
Additionally, this BMP model approach focusses on beneficial reuse of excavated soils
as a non-waste, both at the Site of Origin (SO) for reuse and for appropriate reuse at
other locations and sites, including Soil Recycling Centres (SRCs), as they are brought
on-stream in Ontario.
This BMP was developed based on stakeholder consultation and an ongoing
jurisdictional review of regulations and best practices in other provinces and countries.
The BMP draws heavily from the approach and practices developed recently in the United
Kingdom by an organization called CL:AIRE (Contaminated Land: Applications in Real
Environments). CL:AIRE is a respected independent not-for-profit organization in the
United Kingdom that links government and industry with the intention of promoting a
more sustainable and progressive future.
In 2011, CL:AIRE released their Definition of Waste: Development Industry Code of
Practice (COP). This COP document includes the principles that through a voluntary
process, excavated excess soils and materials can be responsibly categorized at their source
as a non-waste and handled in an effective manner for beneficial reuse, either on the
SO or at other approved locations. The culmination of this stakeholder consultation
process was an excess construction soils workshop held September 21, 2012 in Vaughan,
Ontario where a representative from CL:AIRE, Nick Willenbrock, provided an overview
of the CL:AIRE model approach.
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Particular acknowledgement is made to the industry and government representatives
who participated on the RCCAO Excess Construction Soils Best Management Practices
Steering Committee and provided leadership and comment on the direction and initial
draft versions of the BMP. The following Steering Committee members and organizations
are recognized:
• Al Durand, Consultant and Lead Author
• Scott Butler, Ontario Good Roads Association
• Carlo De Gasperis, TACC Construction Ltd.
• Anthony Di Battista, Clearway Group
• Jonathan Fernandes, Ontario Ministry of the Environment
• Andy Manahan, RCCAO
• Craig Moore, Ontario Association of Demolition Contractors
• Karen Renkema, Marlene Yakabuski, Ontario Road Builders Association (ORBA)
• Phil Rubinoff, RCCAO, Laurier Homes
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Credit: Todd Latham
“Those who attended the
RCCAO workshop were very
impressed with the CL:AIRE
approach. Now the hard work
begins to put a practical system
in place here in Ontario.”
—Andy Manahan, RCCAO
Excess Construction Soils Workshop September 21, 2012 Toronto
The session featured Nicholas Willenbrock of British non-profit CL:AIRE, creator of an industry code
of practice for excess soils. Pictured (from top left) is Al Durand (author of this report), Willenbrock,
and Andy Manahan (RCCAO) addressing the participants and conferring with Ron Kanter of
Macdonald Sager Manis LLP.
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1.0 Introduction
T
he Residential and Civil Construction Alliance of Ontario (RCCAO) supports the
sustainable and beneficial reuse of excess construction soils in Ontario.
Construction projects and infrastructure renewal activities represent a significant
portion of employment creation as well as capital and operating expenditures in Ontario’s
economy.
This spending must be directed more efficiently than ever, as current economic
conditions dictate that infrastructure projects be completed in a cost-effective manner to
maximize benefits.
The optimized handling of excess soils from construction-related projects represents an
opportunity to direct efforts and dollars away from soil disposal and into actual project
infrastructure.
The excess construction soils from development and infrastructure renewal projects
present an opportunity for developing a beneficial reuse as an alternative to simply
excavating soil and disposing of it at an offsite location. Offsite disposal at a landfill site
has been the preferred option due in part to regulatory and legal liability considerations.
While this may be seen as easier and more expedient than the alternatives, there are cost
and sustainability implications. Landfilling excess construction soils as a waste product is
not a sustainable environmental approach. As a valuable resource material, it goes against
the accepted principles of “reduce, reuse and recycle.” It is also recognized that filling
up the dwindling number of approved landfill sites displaces available capacity for the
legitimate waste stream and, as a result, will drive up tipping fees.
1.1 Purpose and Principles Involved
1.1.1 This Best Management Practice (BMP) is applicable to the following:
• T
o establish a best practice framework for the construction industry when assessing a
project on a site-specific basis, whether excavated excess soils and materials at the SO
are classified as a waste material or can be beneficially reused either on site or offsite
based on future land use.
o provide an effective process to beneficially reuse excess soils from construction sites
• T
and projects. Where an RSC requirement may be in place, this BMP may be applied,
providing all participating parties contractually agree, through reliance letters or other
means, to follow the BMP in concert with regulatory expectations.
• To outline an auditable system to demonstrate that this BMP has been followed.
1.1.2 It is the responsibility of the holder of the excess construction soil and material
to determine if materials are a non-waste. This BMP allows users to come to that view
and to demonstrate it with regard to current regulations. The person commissioning
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the excavation work is responsible for complying with this BMP. This is based on a
responsible business approach in compliance with regulatory requirements and the
professional integrity of those on the project team.
1.1.3 Accordingly, any regulatory body that may be involved will take into account that
this BMP is not dealing with waste material and that excess soils and materials are being
beneficially reused either on site or as part of the receiving locations approved end use.
1.1.4 This BMP has three basic steps:
• E
nsuring that a proper Materials Management Plan (MMP) is in place covering the
use of excess materials on a specific site
nsuring that the MMP is based on an appropriate risk assessment/evaluation
• E
supported by a Remediation Strategy (RS) or an approved Design Statement (DS) or
development plan
nsuring that excess materials are used as set out in MMP and subsequently
• E
demonstrated in a Verification Report (VR)
1.1.5 A Qualified Person (QP)**must review relevant documents and provide a declaration
to any involved regulatory agency that materials will be dealt with in accordance with the
MMP and confirming that material is not a waste.
1.1.6 In order to prove that materials have been reused or treated in an acceptable manner
in accordance with the MMP and any Risk Evaluation (RE) or any formal work related
to the site risk assessment, a VR must be prepared at the conclusion of the project. This
may be provided, if requested, to the local authority having jurisdiction.
1.1.7 If excavated excess construction materials are used or relocated without following
this BMP, the local regulatory authority having jurisdiction may deem the excavated
materials to be a waste subject to regulatory requirements. When dealing with waste
materials, all regulatory requirements are applicable. However, following this BMP is in
line with those requirements.
**In Ontario a QP is currently defined by O.Reg.153/04. The CL:AIRE COP document
defines a QP more generically as an appropriately experienced professional who is
trained and certified in following the conditions identified in the actual CL:AIRE
COP. For the initial purposes of implementing this BMP, a practicing QP as defined
in O.Reg 153/04 is recommended.
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1.2 Intended Parties
1.2.1 This BMP is directly applicable to individuals who commission earthwork
operations, their appointed engineers, contractors (including civil and remediation
contractors), those involved in haulage of excess materials, operators of receiving sites,
and authorities having local jurisdiction in excess soil matters. All parties have a role to
play if a site is being developed under this BMP. It should be of particular interest to
landowners and developers involved with new civil or residential development sites or
infrastructure projects.
1.3 Scope
1.3.1 This BMP is a voluntary guidance document supporting the responsible handling of
excess constructions soils utilizing a documented managing system. It is intended to ensure
that excess construction soils and materials are beneficially reused both on- and off-site
based on future final land use by demonstrating that the excess construction materials
involved are not waste materials. An overview showing the general scope and components
of the of the BMP are shown in the Process Overview Summary chart (page 15).
1.3.2 This BMP relates to the following excavated excess construction materials, which
include the following:
• Soil, both topsoil and subsoil, parent material, and underlying geology
• Ground-based infrastructure that is capable of reuse within earthwork
• Projects including concrete footings, floors, and road base material
• Made ground
• S ource-segregated aggregate material from demolition activities e.g. crushed brick and
concrete to be reused on generating site within earthworks projects or as sub-base or
drainage material
• Stockpiled excavated materials included in above
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Best Management Practice: Process Overview Summary
1
Desk Top Study
2
Conceptual Model of Site
3 Site Investigation Risk Evaluation
4
Is Land Impacted?
YES
5A Risk Evaluation (RE)*
6A
Options
7A Remedial Strategy (RS)
15
NO
5B Risk Evaluation (RE)*
6B
Options
7B Design Statement (DS)
8
Materials Management Plan (MMP)
• Includes tracking system
• Contingency Arrangements
• Verification Plan (VP)
9
Person Commissioning Excavation Work
• Ensures “contracts” cover BMP requirements
• Appoints Qualified Person (QP)
10
Qualified Person (QP)
• Reviews documentation (RE/RS/DS)
• Advises person commissioning work (BMP)
• Signs Declaration
11
Person Commissioning Excavation Work
• Complies with MMP (Tracking)
• Records MMP ammendments
12
Verification Report (VR)
• Records where excavated material is placed
* Risk Evaluation (RE)
may be formal Risk
Assessment (RA)
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1.3.3 The following materials are outside of the scope of this BMP:
• Specific excavated infrastructure materials including pipe work and storage tanks
• General construction waste e.g. drywall, glass, wood, metal, etc.
• Demolition wastes not included in paragraph 1.3.2 above
1.3.4 This BMP applies to both uncontaminated and contaminated material from
anthropogenic and excavated natural sources based on the following:
• F
or use on the site from which it has been excavated, either with or without treatment,
or after on-site treatment as part of redevelopment of the SO
or use directly without treatment at another development site that is subject to
• F
meeting direct transfer requirements
or use in the development of land other than the generating site from which the
• F
material has been excavated, following treatment at either an authorized Soil Recycling
Centre (SRC), soil treatment centre, soil depot/campus, or a combination thereof
• Refer to Appendices and Table 1 – Material Types and BMP Approach
1.3.5 This BMP relates to the issue of whether or not excess construction soils and
materials should be classified as a waste. The principle involved is that compliance with
the requirements of this BMP means that the materials and excess soils handled are not a
waste given their intended beneficial reuse. Should excess materials or construction soils
be identified as contaminated or having no future beneficial reuse, they are to be deemed
a waste and must be handled and disposed of in compliance with approved local and
provincial waste handling requirements.
1.3.6 For the purposes of this BMP, “land development” includes greenfield sites, new
development work, redevelopment work, infrastructure renewal, site remediation, and
reuse of excavated materials from municipal rights of way and properties.
1.3.7 The following land development situations are not specifically addressed by this BMP:
• Any form of pre-treatment on SO prior to landfilling
• Unexcavated waste materials subject to in-situ treatment
• Specific testing strategies
• Construction or remediation methods
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1.4 Context and Objective of BMP
1.4.1 This BMP builds upon O.Reg 153/04 and other regulatory guidance documents.
It is intended to support the cost effective, sustainable, and beneficial reuse of excess
construction soils and materials from construction projects in Ontario where a RSC may
not apply. This would include smaller commercial and residential construction projects
and municipal infrastructure projects.
1.4.2 This BMP provides the following sustainability-based benefits for both the
construction industry, the development industry, local municipalities, and communities
involved in dealing with non-impacted excess construction soils.
Environmental Benefits:
• Minimizes waste volumes or non-impacted overburden excess soils
eneficially recovers and reuses non impacted materials previously deemed to be waste
• B
materials
• Preserves valuable landfill capacity for true waste disposal needs
educes natural resource consumption e.g. new or replacement quarried materials,
• R
fossil fuels used in transportation
educes vehicle emissions, greenhouse gases (GHG), and the carbon footprint of the
• R
development process
• Reduces environmental pollution and risk to human health
Social Benefits:
• Returns brownfield lands to beneficial use for the local community
• Preserves greenfield lands
• Removes blight issues due to reuse of excess excavated construction soils and materials
• Improves community life on developed lands
• Reduces truck vehicle movements e.g. congestion, air quality, disturbance
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Economic Benefits:
• Lower overall development and project costs
• L
ower excess construction soils transport costs by reuse on site or reuse at another
closer development site or SRC
• Reduced need and costs for importation of other virgin materials
• W
orking under an industry BMP approach develops industry expertise and efficiency
opportunities through a Continuous Improvement (CI) approach and the application
of learnings
orking under a BMP for smaller construction projects should be less expensive
• W
financially and time-wise versus applying a regulatory permitting process focused on
waste material methodologies
MP provides a clear, consistent, systematic, and more certain approach aligned with
• B
documentation typically associated with the property development process and site
remediation process and strategies
se of a MMP quickly compiles information from involved QPs based on the actual
• U
final development plan for a site or project
• Allows for flexibility when managing excess materials
• BMP is less complex than being tied to waste-focused legislation
• BMP should lower regulatory involvement and associated oversight costs
• Provides a more clear due diligence defense in civil and regulatory matters
1.4.3 The application of this BMP and the sustainability principles involved will become
an indicator of a company or organization’s commitment to sustainable development.
This BMP will further support recognition within an organization’s Corporate Social
Responsibility (CSR) policies and performance reporting programs.
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2.0 Principles for the Use of Materials as a Non-Waste
M
aterials are considered to be a waste as determined by the definition in
O.Reg 347. The primary principle in the determining whether excess
construction soils or materials are a waste is the protection of human health and
the environment; their end use must pose no adverse effect. Material that is not a waste
can be reused without processing or treatment for a beneficial purpose.
Subject to compliance with strict regulatory waste definitions, this BMP applies the basic
approach that there is no single factor that can be used to determine if excess construction
soil is a waste, or when it ceases to be a waste. For excavated excess soils and materials used
on sites undergoing development, the following four factors are relevant:
2.1 Factor 1 – Protection of Human Health and the Environment
2.1.1 The overriding principle in all situations is that excavated excess construction soils
and materials must be assessed and found to have no adverse effect on human health or
the environment given the proposed end use of the excavated excess soil and material.
The use of a SO desktop study, appropriate site investigation, and analysis supported by
a risk assessment and evaluation should ensure that excess soils and materials handled
under this BMP pose no human or environmental risk.
2.2 Factor 2 – Suitability for Use Without Further Treatment
2.2.1 Suitability for use means that excavated excess construction soils and materials must
be suitable for their final approved end use. Both chemical and geotechnical properties
must meet relevant specifications for future end use such that they do not cause harm to
human health or the environment. This includes the effect that the excess materials may
have on the environment where they are to be reused. Biological factors e.g. presence of
invasive species or noxious weeds, as well as the effects of any radioactivity should also
be considered. Measures based on a suitable SO risk assessment should be taken such
that there is no adverse effect or risk to humans, animals, or ecosystems. This included
impacts on water, air, plants or other soils.
2.2.2 Excavated excess construction soils should be assessed as being suitable for direct
beneficial reuse, such as engineered backfill beneath cover layers, capping layers, regrading,
berming, and landscaping.
2.2.3 Other excavated materials may not have the required characteristics for reuse without
first being treated. These excess construction soils and materials may require further
biological, chemical, physical or combination of these treatments that will need to be to be
carried out. These treatment activities should be technically appropriate and in compliance
with any required local regulatory requirements or approvals prior to reuse.
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2.2.4 Certain excavated excess construction soils and materials not requiring treatment
may be regraded or compacted and beneficially reused as a non-waste material as part of
the development of the site or project.
2.3 Factor 3 – Certainty of Use or Reuse
2.3.1 The holder of excavated excess construction soils and materials must be able
to demonstrate with certainty that excavated material will be reused with a plan and
predefined destination particularly in the matter of stockpiling. Excess materials that are
temporarily stockpiled must have a predefined destination to remain a non waste.
2.3.2 Work surplus excess construction soils that are generated during site development
and cannot be used, either directly or after treatment on site, or do not conform to
required specifications following treatment may have to be treated as a waste product in
compliance with local regulatory requirements.
2.3.3 In the event that there are unexpected findings on a development site or project
that were not identified during original site investigation work, these findings should
be addressed in compliance with local regulatory requirements. Should the physical or
chemical specifications of any unplanned excess materials be found unsuitable for their
intended reuse, they should be disposed of properly or recovered for other beneficial
reuse in accordance with local regulatory requirements.
2.4 Factor 4 – Quantity of Material
2.4.1 Excess construction soils and materials should be taken only to a receiving site in quantities
that are required and that can be accommodated at the receiving site as planned (other than for
approved temporary storage sites). The shipping of an excessive amount of excess material may
indicate that it is being disposed of and as such may constitute a waste material.
2.5 Demonstrating the Four Factors
2.5.1 Demonstrating the four factors of (1) protection of human health and the environment,
(2) the suitable reuse of excess materials without further treatment, (3) the certainty of reuse,
and (4) the quantities of excess materials involved is accomplished through the production
of a MMP. The MMP will ensure that these four factors are considered and that a correct
determination of the beneficial reuse of excess construction soils and materials has been
made for the development or project involved.
2.5.2 If the MMP and the provided supporting evidence does not demonstrate that all
four factors have been considered and adequately addressed then the QP should not sign
the Declaration.
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3.0 Demonstrating that Excess Construction Soil is not a Waste
T
he MMP sets out the objectives related to the reuse of excess construction soils and
materials. It should accompany an appropriate, approved RS, Remediation Plan,
or Project Development Design Statement that is derived from an appropriate RE
or risk assessment. The MMP provides information to demonstrate that all four factors
in Section 2 have been met and includes a tracking system and contingency plans. The
development and use of a MMP standard template approach is recommended.
A VP is part of the MMP. Upon completion of these documents, a QP is required to sign
a Declaration. Once the development or project is completed in accordance with the MMP,
a VR must be completed that demonstrates that the excess construction soils and materials
were located in the correct place within the development or dealt with appropriately.
The process set out in this BMP in relation to the reuse of excess construction soils and
materials is illustrated by work process flow chart maps under the following three scenarios:
(1) Site of Origin (SO) or sometimes referred to as the generating site
Flow Chart 1 (page 22) – Use on SO
This flow chart in conjunction with Appendix 1 provides a process map outline of the
activities and requirements at the SO. This applies to both sites or projects that may or
may not involve environmental impacts. The emphasis is on beneficial reuse of excess
soils on the SO, but also includes on site treatment for remedial activities.
(2) Direct Transfer to another development site or project for beneficial reuse
Flow Chart 2 (page 23) – Direct Transfer
This flow chart in conjunction with Appendix 2 provides a process map outline of the activities
and requirements to use “clean,” naturally occurring excess soils and mineral materials directly
from the SO on another site or development project. In this scenario, no soil treatment is
involved and material is suitable for reuse by meeting the beneficial reuse material specifications
of the receiver site. It is recognized that the ability to directly transfer excess construction
soils represents a major opportunity for cost-effective, beneficial reuse of excess materials in
an environmentally responsible manner. It is also recognized that the ability to carry out “soil
matching” between suppliers of surplus excess soils and those requiring excess soils is a major
incentive for the direct transfer and beneficial reuse of excess soils on a wide area basis.
(3) Soil Recycling Centre (SRC) or soil depot/soil campus transfer of excess soils
Flow Chart to be developed at future date
The establishment of SRCs in Ontario is a relatively new and limited activity. This
includes similar initiatives involving development of soil banking sites, soil campus
sites and soil treatment facilities. The ability to move and stockpile excess construction
soil is a critical component in dealing with excess soils from emergency projects or
smaller, distributed residential and commercial construction sites in a timely fashion.
This BMP is intended to support the need for the establishment of SRCs.
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Flow Chart 1: Site of Origin (SO)
Adequately characterise site
Develop Remediation Strategy or Design Statement (See Note 1)
Complete MMP
Excavate (Stockpile as appropriate)
A. Not suitable for use and
not capable of treatment
or surplus to requirements
B. Currently not
suitable for use but
capable of treatment
C. Suitable for use
without any treatment
(See Note 2)
Treat on site
Is treatment
successful?
YES
Suitable for
use without any
further treatment
Appropriate sampling
NO
Remove from site to authorised
landfill, or treatment facility.
Material classified as waste
(See Note 3)
YES.
Remove
surplus
Maintain records
Does
the volume exceed
the required
amount?
NO
Submit Declaration
Reuse on site. Material
classified as non-waste
Verification Report (Including
how materials reuse furthered the
remediation/design objectives)
Maintain records including
record of location of placement
Notes: 1. Remediation Strategy/Design Statement developed following Desk Top Study. Conceptual Site Model, Site Investigation, appropriate Risk
Assessment and appraisal of options. 2. Must be able to demonstrate certainty of use along grey flow chart path. If the use becomes uncertain material
remains waste and will be required to be removed from site. 3. For removal from site you will need to consider and comply with Waste Regulations.
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Flow Chart 2: Direct Transfer
Source site
Development/Receiver site
Adequately characterise site
Adequately characterise site(s)
Delineate naturally occuring
clean soil materials
Appropriate Risk Assessment
Complete MMP (See Note 1)
Develop Design Statement (See Note 2)
Informs MMP
Specification for “suitable for use”
criteria established
Excavate (Stockpile as appropriate)
Reuse on Site
(See Flow
Diagram 1)
Donate to Hub
site in a Cluster
Program (See
Flow Diagram 3)
Visual and olfactory inspection
Suitable for use without
further processing (Meets
specification of Receiver site)
Not suitable for use, capable of
treatment or surplus to requirements
Remove from site to authorised
landfill, or treatment facility, exempt
site activity. Material classified as
waste. (See Note 3 and 4)
Maintain records
Contracts in place
Appropriate sampling exercise
Does
the volume exceed
the required
amount?
YES.
Remove
surplus
NO
Verify acceptance.
Visual and olfactory inspection.
Sign off Delivery Notes.
Reused on site
Record location of placement
Contracts in place
Submit Declaration for each
Development/Receiver site
Delivery Notes prepared
Dispatch to development
site as non-waste
Maintain records including plan
of location and of rejected loads
Verification Report (Including
how materials furthered the
remediation/design objectives
for each Receiver site)
Notes: 1. Material Management Plan needs to cover all component sites. It can be produced by either the source site operator or operator at the
Development/Receiver site. 2. Design Statement developed following Desk Top Study. Conceptual Site Model, appropriate Risk Assessment and
appraisal of options. 3. Must be able to demonstrate certainty of use along grey flow chart path. If the use becomes uncertain material remains
waste and will be required to be removed from site. 4. For removal from site you will need to consider and comply with Waste Regulations.
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3.1 Two Routes – Site Remediation or Development
3.1.1 There are two different routes that can be followed depending on whether a particular
site involves contaminated soils (the site remediation route) or on a new, greenfield site (the
development route) where there is typically no contamination to be expected.
3.1.2 The Site Remediation Route:
For potentially contaminated sites i.e. brownfield redevelopment projects where
contamination is present or suspected, this BMP is intended to be aligned with the
draft Ontario Ministry of the Environment (MOE) Soil Management – BMP (April 19,
2012) and in compliance with Ontario Environmental Protection Act (EPA) XV1, O.Reg.
153/04 Brownfield Regulations) and O.Reg. 347 (Waste Act) when dealing with present
or suspected contamination. For impacted properties, the BMP for excess construction
soils is a risk-based approach, based on the principle of creating no adverse impact.
3.1.3 The Development Route:
Where contamination is not present or suspected, there is no published regulatory
framework for development projects dealing with excess soils or materials. Accordingly,
this BMP can be used in conjunction with the following development-related activities:
• Completion of a desktop study
ppropriate site investigation (Phase 1 or Phase 2 Environmental Site Assessment
• A
based on Canadian Standards Association protocols in compliance with local
regulatory requirements)
DS should be used to document the MMP and subsequently a VR will detail the
• A
uses for excess construction materials
3.2 Materials Management Plan (MMP)
3.2.1 A MMP must be produced that documents how excess construction soils and
materials are to be handled. The MMP may be produced by experienced in-house
technical staff. The MPP, subject to formal amendments, must be followed throughout
the execution of the project.
3.2.2 The MMP must be produced prior to any BMP-related excavation work commences.
In the event of an emergency situation (e.g. repairs to municipal public infrastructure
works or repairing unsafe facilities) a modified MMP document approach should be
prepared documenting excess construction soils and materials handling.
Note: Appendix 8 to be developed. It will include a process map supporting the handling
of excess soils generated during the course of emergency projects, with a primary focus
on municipal infrastructure renewal work.
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In summary, the MMP must be prepared prior to movement of excess construction soils
and materials, and provides the following information:
• Details of parties involved with implementation of the MMP
• A
description of the excess materials in terms of potential reuses and relative quantities
involved by categories (see Table 1, page 43)
• Th
e specification for use of materials against which proposed materials will be assessed
based on an appropriate risk evaluation or risk assessment at the place excess materials
will be used
here and, if appropriate, how excess materials will be stored or temporarily stockpiled
• W
for reuse
• The intended final destination and reuse of excess soils and materials
• How excess construction soils and materials are to be tracked
• The contingency arrangements that must be put in place
• A Verification Plan (VP) outline
3.2.3 All excess construction soils and materials within the ground and to be excavated
should be categorized according to Appendix 10 – Categorization of Materials in Ground
(to be developed).
3.2.4 To aid in better characterization, excess construction soils and materials may be
stockpiled on the SO and further tested prior to making an informed decision about the
location to which excess materials should be moved. This further refinement should be
part of a decision process, detailed within the MMP. Prior to excavation, a MMP must
be in place categorizing excess construction soils and materials based on Appendix 10 –
Categorization of Materials in Ground (to be developed).
3.2.5 Quantities of excess construction soils to be reused will depend on the development
project being undertaken and should not be more than is specified or necessary. The
MMP should include engineering drawings defining existing and final grade levels with
cross sections which demonstrate what quantity is needed. For whole site developments,
mass balance calculations referenced to the final grade levels compared with pre-existing
contours at the start of the development should be detailed in the MMP.
3.2.6 For large sites and developments that may take several years to develop, a phased
approach may be appropriate, with each phase having a separate MMP. This is to
recognize that the responsibility for materials to be reused might change over time. The
four factors can be properly demonstrated at a particular time with each MMP. For new
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large subdivision sites and projects that may or may not have an RSC in place, consenting
developers and contractors may put contractual arrangements or reliance letters in place
covering the relocation of excess construction soils between individual properties within
the overall development project. These formal arrangements would replace the need for
a MMP. Typically, this would involve the relocation and reuse of native materials and
excess soils as part of cut and fill grading operations and would therefore constitute a
low-risk activity.
3.3 MMP Tracking System
3.3.1 All excess construction soils and materials subject to excavation, disposal, treatment,
and/or reuse should be tracked throughout the process. Evidence should be generated
to provide an auditable trail. There may be unique low-risk situations involving large
subdivision development projects where the agreed-upon movement and relocation
of excess construction soils between developers and property owners, typically cut
and fill grading activities, does not warrant a formal MMP tracking system. In these
cases, contractual agreements may be put in place outlining an appropriate modified
level of tracking. Such arrangements between consenting parties should be contractually
identified or covered through an enforceable reliance letter or documentation in which
the reasons for not having a formal MMP or associated tracking system are identified.
For materials identified as “waste materials,” tracking is accomplished through the
formal waste management regulatory process involving waste material manifesting, use
of appropriately licensed waste haulers, and final disposal at a recognized, regulatory
permitted waste receiving site.
3.3.2 The formal tracking system that is used for tracking the movement and the
beneficial reuse of excess construction soils and materials both on site and offsite should
include the following:
nnotated plans of site(s) identifying different excavation areas referenced to any
• A
available site investigation data as appropriate, planned stockpile locations, treatment
areas (if applicable) and placement locations
• I nspection procedures should include (1) visual and olfactory observation, (2) field
testing as appropriate, and (3) laboratory confirmation as appropriate
e name of the non-waste hauler or registered waste carrier involved (may be the
• Th
same person)
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• An excess soils and materials tracking form including running tally capability
• Th
e movement through any authorized treatment facility or SRC will have to be
tracked by designated stockpile(s) to, for example, ensure accountability per regulatory
permitted requirements of the treatment site.
• Any soil treatment results (if applicable)
• U
nless documented alternate tracking arrangements have been made in advance by
involved parties, every truck delivery ticket for excess construction soils and materials
moving from one site to another site should include:
- Drivers name and vehicle registration
- Quantity (running tally for each receiving site or sub area)
- Destination (receiving site and/or sub area)
cceptance procedures for excess construction soils and materials at the receiving
• A
destination include:
- Visual and olfactory
- Field testing (as appropriate)
- Laboratory confirmation (as appropriate)
- Signed delivery tickets (including instructions where to offload as appropriate)
- Record of where excess excavated construction soils and materials were placed
3.3.3 Examples of schematics for excavated materials and destinations are shown under
Appendix 8 – Example Schematics (to be developed )
3.4 Verification Plan (VP)
3.4.1 A Verification Plan (VP) should be set out in the MMP. The Verification Plan
should identify how the placement of excess construction soils and materials is to be
recorded and the quantity of material to be used. It should contain a statement on how
the reuse of excavated materials relates to the remediation plan or design objectives of
the project(s) involved.
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3.5 Amendments to MMP
3.5.1 In some cases it may not be possible to complete the works in accordance with
the original MMP i.e. treated material may be out of specification for planned reuse or
different volumes of material are needed in certain parts of the SO. In this event:
• A
ny deviations from the original MMP must be recorded in the document control
section of the MMP as an addendum to the MMP
• Any such changes must be subsequently detailed in the final VR
3.6 The Role of Qualified Person (QP)
3.6.1 A QP must review the evidence related to the proposed uses of excess construction
soils and materials on a specific site and if satisfied, sign the Qualified Person Declaration
(Appendix 4). A copy of the Declaration must be provided to the person commissioning
the excavation work and any required regulatory bodies as identified.
3.6.2 The Declaration may be used if required as a notification to local regulatory
authorities that the development, remediation site, or project involved is to be conducted
under or developed using the BMP for Handling Excess Construction Soils in Ontario.
A copy of the Declaration goes to the person commissioning the QP and serves as a
reminder that the MMP must be followed, including any required amendments, and
that a VR must be completed. It will form part of the audit trail on the completion of
the project.
3.6.3 The status and role of the QP under this BMP have been developed in line with the
following criteria, as set out by the RCCAO Excess Construction Soils Industry Steering
Committee. (The committee was involved in the development of this excess construction
soils BMP, in consultation with construction industry representatives, industry and
municipal associations and regulatory authorities.) The following outlines the current
position and principles regarding engagement of QPs in the context of this BMP:
• U
nder O.Reg 153/04, there are specific professional and legal requirements in place in
Ontario defining a QP. Subject to further discussion and development, it is anticipated
that the term “Qualified Person,” within the context of this BMP, may be expanded
to include experienced individuals who are trained and knowledgeable in applying
this BMP. This is intended to permit the use of in-house, experienced environmental
professionals at both the SO and at receiving sites as is current practice in moving
excess soils.
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• Th
e actions of the QP should provide confidence to the local regulatory authorities
involved that best professional practices are to be followed at project sites using the
BMP and that there is an effective audit trail relating to what is planned
• R
esponsibilities and possible liability exposures associated with a development project
should be no different than they were prior to the adoption of the BMP
• A
project utilizing a BMP approach should not require the engagement of QPs at
both the SO and the receiving destination(s) subject to the the agreement of all parties
involved. Accordingly, there should be no need to duplicate or pay for the same work
twice.
3.6.4 It is the responsibility of the QP to review and acknowledge any unique contractual
arrangements that may be put in place between parties involved in the excavation and
relocation of excess constructions soils and materials. This could involve, but is not
limited to, actual agreements or reliance letters between all parties involved.
3.7 Further Characteristics of the Qualified Person (QP)
3.7.1 Currently in Ontario, a QP’s role is defined under O.Reg.153/04. To be recognized
in the Province of Ontario as a QP, an individual must possess certain attributes. Within
the context of this BMP, the principal requirements for an individual to act as a QP are
identified in Appendix 6 – Qualified Person Requirements.
3.7.2 It is the responsibility of the person or entity employing the QP to check and
confirm that these requirements are met by the individual concerned
3.7.3 The QP is required to review various documents but is not expected to be an
expert in all of the disciplines that may be involved and associated with a development
project carried out under this BMP. This could include items such as waste legislation,
human health risk assessment, all remediation technologies, remediation design, and
implementation activities. The QP must be suitably experienced to be able to carry out
the review of specified documents and be confident in signing the Declaration.
3.7.4 The responsibility of the QP is limited to just the review of the documentation
detailed in the Declaration. A high standard of professionalism and integrity is
fundamental to the requirements of this BMP. It is the duty and responsibility of the
person(s) carrying out and commissioning the excess soils excavation work to act in a
responsible manner in compliance with required regulations in selecting a QP.
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3.8 The Process
3.8.1 A checklist of the QP’s required tasks is to be followed.
This checklist (to be referenced as Appendix 11 – Qualified Person Checklist) will be
developed and finalized as a separate document upon finalization of the draft BMP and
based on pilot testing.
3.8.2 The QP is not required to do the following:
• Rework or audit risk assessments
• Review existing documentation including Phase 1 or Phase 2 reports
hysically inspect sites or perform field checks at all sites or projects unless requested
• P
for specific, unique reasons
• Audit or agree to a RS or DS
roduce, review, or agree to a VR. (Note: the client may wish to appoint the QP
• P
to carry out such work given his/her level of project familiarity. This type of an
arrangement would be beneficial and is encouraged but is outside of the remit/scope
of this BMP)
nter into a dialogue with regulators or planning authorities having jurisdiction
• E
without the consent of all parties involved
3.8.3 The role of the QP is deliberately limited so that it may be set out in this BMP.
If the QP was to come across any fundamental error in any documentation, then it
is expected that they would appropriately and professionally address the BMP-related
issues with the person(s) commissioning them as a QP. For the purposes of this BMP,
that would be done outside of the QP’s requirements.
3.9 Submission of the Declaration
3.9.1 A Declaration should be completed and signed by the Qualified Person in the
following circumstances:
• Site of Origin scenario – prior to use
• Direct Transfer scenario – prior to dispatch for each receiving site
• Soil Recycling Centre scenario – prior to dispatch
3.9.2 The signed Declaration may be submitted to the local authority having jurisdiction
or, as required, locally (subject to the agreement of all parties involved).
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3.10 Qualified Person Engagement
3.10.1 The QP can be engaged by any party involved with the project implemented
under the BMP. This can be the landowner, developer, main contractor, consultant, or
individuals working on the SO, SRC, or Receiving Site (RS) involved in the handling
of excess construction soils and materials. The independence of the QP relates to all the
sites involved as referenced in Appendix 6 – Qualified Person Requirements.
3.11 Verification Report (VR)
3.11.1 A Verification Report (VR) must be produced. This provides the necessary
audit trail to show that excess construction soils and materials have gone to the
correctdestination. The VR shows how the reuse of excess materials links with the
objectives of previously defined RS or DS.
3.11.2 The VR must document any changes that may have been made to the original
MMP as formal alterations to the project.
3.11.3 The following identifies what information should be included within the VR.
(Note: items involved in a new development DS may not have all requirements applicable
and are marked with an asterisk.*)
• Appropriate site plans
• Experience and qualifications of person preparing VR
• Description of project
• Description of how reuse of excess materials links with the RS or DS
• Reference to site assessment/investigation data*
eference to risk assessments (including qualitative and quantitative information
• R
related to soil quality)
eference to the MMP and associated tracking system, including alterations and/or
• R
use of contractual arrangements or reliance letters between consenting parties and
why those changes were made
• Suitable for use criteria based on soil quality criteria used
• Soil treatment records*
• Laboratory analysis supporting work*
eference to excess soil transfer documentation including contractual or reliance
• R
letters and any returned loads but excluding SO only movements
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• S igned delivery tickets (reference or attachment) covering alternative contractual or
reliance letter documentation established between consenting parties
• Record of any contingency arrangements put in place during the project
• R
ecord of quantity of materials used unless addressed via contractual agreements or
reliance letters between parties involved
• Copies of signed Declaration(s) by QP(s)
3.12 Role of the Regulator
3.12.1 The aim of the BMP is to provide a consistent framework and documented audit
trail where it has been determined that the excess material has a beneficial reuse and
therefore not considered a waste within Ontario waste regulations.
3.12.2 It is the intention of this BMP that the QP, acting in accordance with the BMP,
will undertake the review of documents and provide the necessary oversight to ensure
that the handling of excavated excess soils is carried out appropriately. This allows the
local regulator to focus attention on other activities posing a greater threat or adverse
impact to the environment and public at large.
3.12.3 If a local regulatory body is actively involved in activities pertaining to the SO,
that regulatory body will acknowledge receipt of all Declarations received. The local
regulatory authority having jurisdiction has the option to audit projects as required. The
intention is not to duplicate the role of the QP involved in following this BMP.
3.13 Liaison
3.13.1 The intention of this BMP is to avoid adding any additional steps or consultations
with local regulators that were not required prior to adoption of the BMP.
3.13.2 Compliance with this BMP does not remove the need to liaise as required with
local regulators regarding compliance with any other regulatory requirements, particularly
where contamination is involved. This could include municipal or regional planning
regimes, conservation authorities, or other regulatory bodies as required.
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3.13.3 The QP should ensure that where source sites, based on risk evaluations or
intrusive assessment data, have contaminated excess soils and materials present, that the
local regulators involved take no exception to remedial actions that may take place at the
source site involved.
3.13.4 It is incumbent that those commissioning the QP provide sufficient evidence that
there is no suspicious contamination at a site or that appropriate consultation with local
regulators has taken place as required if contamination is known to be present.
3.13.5 When SRCs, soil depots, or soil campus facilities are used, appropriate
contractual arrangement and responsible operating arrangements must be put in place
and documented.
3.14 Auditing by Local Regulatory Agency
3.14.1 This BMP does not change the statutory powers or duties of the regulatory agency
involved at the local, provincial, or federal jurisdictional level.
3.14.2 On an as-required basis, sites and projects following this BMP may be inspected
by the local regulatory regime if a need is triggered by complaints, incidents, or alleged
illegal activities. Authorities having local regulatory jurisdiction have the option to
conduct random audits of selected sites/projects involved in BMP activities to assess the
effectiveness of the BMP process as a whole.
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4.0 Other Regulatory Issues
4.1 Storage on Site of Origin (SO) or Production
4.1.1 Whenever it is determined that the use of excess construction soils and materials will
occur in excess of one year from the date of being stockpiled, the person responsible for
MMP will be required to communicate within a timely period with the local authorities
having jurisdiction on an acceptable length of stockpile storage time. Any decision made
is to be to be supported by the implementation of appropriate institutional controls.
4.2 On-Site Disposal Operations
4.2.1 Any impacted or contaminated materials should be contained and managed on
site to prevent further pollution or minimize any on or offsite adverse impacts to human
health and the natural environment.
4.3 Groundwater Protection
4.3.1 The management of all non-waste and waste excavated excess construction
soils and materials must be handled in compliance with all local regulatory authority
requirements. The contamination of groundwater must be prevented and considered
in following this BMP. When planning the MMP and all the related project decisions
made regarding the suitability of the reuse of the excavated excess construction soils
involved, groundwater protection is to be considered at all times.
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Appendix 1: Use on Site of Origin (SO)
A1.1 The SO, for the purpose of this BMP, is a single, readily identifiable site or physically
identifiable project. It may include:
• Area covered by specified planned development DS
• Area covered by a single detailed RS
• Area covered by a single detailed DS project e.g. pipeline route, proposed roadway
• M
ay also include identifiable new development subdivision projects, including sites
as described in contractual agreements or letters of reliance pertaining to the handling
of soil under a BMP
A1.2 Where a number of parcels of land in close proximity to each other are assembled
together as part of a larger subdivision plan, these sites will have to be identified and
agreed to as “Site of Origin” for planning and any regulatory compliance purposes.
A1.3 Decisions defining the SO should ensure that the most sustainable and beneficial
reuse of excess soils can be made in terms of excess soil and material movement and reuse.
A1.4 Developments that extend across very large areas and contain a diverse range of
source materials, making transport and reuse of excess soils and of materials unduly
complex, may best be addressed by Direct Transfer or transfer to a SRC (Appendices 2
and 3) rather than attempting to define a single SO.
A1.5 Excavated excess construction soils may be used within the development, subject
to being suitable for reuse or following on-site treatment. The on-site treatment must be
carried out under a local regulatory approved licence, Certificate of Approval, permit, or
equivalent required approvals.
A1.6 Excess construction soils and materials (surplus to SO planned requirements)
should go to either an approved landfill site or SRC. If clean, natural soil material, it may
be transferred directly to another development Direct Transfer site that requires clean
material subject to restrictions in Appendix 2 – Use of Clean Soil Direct Transfer.
A1.7 Situations where excess construction soils and materials are to be used on both
the SO and a Direct Transfer scenario site, the MMP must reference the Combination
scenario.
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Appendix 2: Use of Clean, Naturally Occurring Soil and Mineral
Materials on Another Development Site (Direct Transfer)
A2.1 Includes the Direct Transfer of clean,* naturally occurring soils and mineral** material from one site to another development site for use, involving no waste-related
regulatory environmental permitting or waste licensing.
A2.2 Clean, naturally occurring soil and mineral materials includes:
• Soil (both topsoil and subsoil)
• Parent material***
• Clay, silt, sands, and gravels
• Underlying geology
ade ground composed of above materials only e.g. an embankment or berm that is
• M
to be removed for reuse without any processing
A2.3 The materials must be sourced from:
• Greenfield development sites not subject to past contaminating industrial use****
rownfield sites where natural soils have been extensively characterized and proven to
• B
be clean and not waste material
A2.4 Such materials must be capable of direct use with out the need for treatment
consistent with sustainability principles, certainty, and quantity as per Section 2.
A2.5 Direct Transfer provisions do not apply to manufactured soils i.e. soils created by
mixing other wastes or non-soils, mineral-based constituents, or any waste materials
defined by regulation.
A2.6 In excavating, storing, and stockpiling excess construction soils on site prior to
Direct Transfer, good engineering practices should be followed to prevent any adverse
impacts.
Note
* Clean in this BMP is defined as soil “devoid of anthropogenic contamination to a
degree or level that is considered harmful to living organisms.”
** Regulatory provisions may be in place for materials that arise out of mineral extraction
activities – refer to appropriate waste-related regulations or mining /aggregate regulations.
*** Underlying rock
**** e.g. chemical spillage, on-farm landfills, carcass burial pits
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Clean Soils With Elevated Levels of Naturally Occurring Substances
A2.7 Where soils have naturally elevated concentrations of substances such as geologically
derived metals, metalloids, etc. that are widespread and typical of local ambient/background
conditions, they may be reused via Direct Transfer. Providing that the representative
concentrations (both total and leachable) of such naturally-occurring substances at the
source site are comparable or below that of the receiving development site soils. This must
be demonstrated via adequate site investigation at both the SO and receiving site and
appropriate risk assessment for reuse at the receiving development site.
A2.8 The principle involved is that the reuse of excess construction soils and natural
materials must not increase the level of risk to the existing natural environment at the
receiving site of reuse.
Lines of Evidence
A2.9 When considering its potential for contamination, the past use of the source SO
must be established via desktop-based research in conformance with accepted regulatory
practices, involving Phase 1 and Phase 2 Environmental Site Assessments (ESAs) and
risk evaluations and assessments as required. If there is no suspicion of contamination,
then, provided visual and olfactory inspection is carried out during excavation work as
described in the MMP, the excess construction soils and materials can be reused (subject
to the tests of suitability, quantity, and certainty being met.)
A2.10 If source SO is a brownfield site, then the quality of the excess construction soils
and materials on the site must be established and characterized by an adequate Phase
1 and Phase 2 ESA investigation in compliance with Canadian Standards Association
(CSA) standards or other regulatory requirements and standards. (Refer to O.Reg 153/04
as amended.) Only if contamination can be reasonably discounted for the site as a whole,
or clearly defined areas of the site, can those naturally-occurring materials be considered
for Direct Transfer.
A2.11 The QP is required to confirm that the above lines of evidence are in place when
making a Declaration relating to the Direct Transfer of excess soils and materials.
A2.12 Table 1 summarises the requirements relating to the source SO and receiving site
where Direct Transfer is to take place.
A2.13 On a case-by-case basis, excavated excess construction soils and materials not
meeting the requirements and criteria set out above may be reused under regulatory
approval and permitting that are subject to a greater degree of regulatory scrutiny. Refer
to Appendix 3 – Soil Recycling Centres.
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Appendix 3: Soil Recycling Centres
A3.1 Soil Recycling Centres (SRCs) including Soil Depots and Soil Campus locations
are a relatively new approach in Ontario. They are designed to facilitate the remediation
and/or development of a number of sites that are located in relative close proximity.
Typically, SRCs are permitted as required in accordance with local and provincial
regulatory requirements and include some form of temporary (five years) soil remediation
or treatment facility and are of a temporary nature. SRC sites are established to:
• F
acilitate the transfer and beneficial reuse of excavated constructions soils and materials
between different sites where timing requires offsite stockpiling of segregated materials
• F
acilitate the remediation of impacted soils and materials from brownfield sites
affected by contamination
acilitate the transfer of excavated excess construction soils and materials which fall
• F
outside of the Direct Transfer scenario outlined in Appendix 2 – Use of Clean Soil
Direct Transfer
A3.2. The establishment and operation of SRC facilities in Ontario is currently under
development in terms of approval requirements. The utilization of SRC facilities for
treatment of excess construction soils will be the subject of future versions of the BMP.
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Appendix 4: Qualified Person Declaration
Please download the pdf form titled Appendix 4 : Qualified Person Declaration
from rccao.com.
Appendix 5: Materials Management Plan (MMP)
Please download the pdf form titled Appendix 5: Materials Management Plan (MMP)
from rccao.com.
We ask that you fill out these two forms and send them to:
RCCAO
25 North Rivermede Road, Unit 13
Vaughan, Ontario L4K 5V4
e [email protected]
p905-760-7777
f905-760-7718
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Appendix 6: Qualified Person Requirements
Note: In the Province of Ontario under O.Reg 153/04 as amended, work conducted
on impacted brownfield sites involving a RSC requires the engagement of a Qualified
Professional (QP). There are regulatory stipulations that define the requirements for a
QP in Ontario driven by concerns in dealing with contaminated or impacted materials.
A fundamental premise of this draft excess construction soils BMP is the categorization
of excavated excess construction soils as a non-waste and not subject to current waste
regulations or O.Reg 153/04 requirements if no RSC is involved. In situations where
an RSC may be a consideration, on a case-by-case basis, it is anticipated that the parties
involved can contractually, or through various mechanisms such as reliance letter,
consider the adoption and use of the approaches outlined in this draft BMP.
The final definition and requirements of a QP for the purposes of conducting work
under this draft excess construction soils BMP will be finalized and agreed upon as part
of the proposed piloting process and further engagement with appropriate regulatory
agencies and professional associations in the Province of Ontario. It is recognized
that in Ontario there are companies and professionals involved in excavation-related
infrastructure projects that conduct the excavation, movement, and disposal of excess
soils in compliance with current practices and regulations. These individuals would
constitute an appropriate group for further consultation and development of appropriate
requirements for QPs involved in executing soil movement activities aligned with this
draft excess construction soils BMP.
As set out in this draft BMP, for an individual to act in the capacity of a QP, they must
possess the following general attributes and requirements that will be formalized as part
of planned piloting, further consultation and development. Current requirement areas
are as follows:
Corporate authority – QP authorized to sign on behalf of their company in this area.
Professional standing – QP must have recognition in a professional organization or
body that defines activity areas and has the capacity to sanction and provide oversight
on conduct.
Relevant qualifications – QP to have relevant academic qualifications in relevant area.
(Listing to be developed.)
Experience – QP should have relevant experience.
Independence – QP cannot be directly involved in the management or execution of the
project prior to submission of the Declaration.
Training – QP must obtain understanding and competence in executing the requirements
of this BMP. This will require the development of an appropriate training program. Details
to be developed in conjunction with pilot testing and implementation planning.
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Appendix 7: Municipal Procurement Practices
The objective of this policy/by-law would be to ensure the proper materials management
process for handling excess construction soils in Ontario. This would be best handled by
municipalities putting a purchasing policy and by-law in place to cover this procedure to
ensure a uniform process throughout Ontario that is fair to both the owner, and contractor.
Most municipalities in Ontario have purchasing by-laws or policies of some type. While
the nature and scope of these sets of rules varies somewhat from one municipality to
another, in general these take the form of council-approved rules dictating how purchasing
and other procurement and logistical operations of each respective municipality are to
be conducted.
Municipalities have not yet adopted a standard policy or process for excess construction
soils. In many cases, a council-approved policy for soil management could be put in place
and then supplemented by more specific procedural rules, promulgated by the senior
managers of the municipal administration. In addition to standardizing council policy
and approach, a model framework would be created to implement sustainability practices
that encourage the beneficial reuse of excess construction soils at the local municipal
level. This new process would then give more precise direction as to how orders are to be
placed and processed related to the overall handling of soils in Ontario.
To write a policy for excess construction soils, it would be wise to follow the Municipal
Act, 2001 which aims to create responsible and accountable governments and “to enhance
the municipality’s ability to respond to municipal issues.” Section 224 of the Act directs
municipalities to:
(a) represent the public and to consider the well-being and interests of the municipality;
(b) develop and evaluate the policies and programs of the municipality,
(c) determine which services the municipality provides;
(d)ensure that the administration policies, practices, and procedures and controllership
policies, practices, and procedures are in place to implement the decisions of council;
(e)ensure the accountability and transparency of the operations of the municipality,
including the activities of senior management of the municipality;
(f ) maintain the financial integrity of the municipality; and
(g) carry out the duties of council under this or any other act.
This set of standard rules can easily be applied to a policy related to excess construction
soils, and falls under the rules and regulations of the Municipal Act, which all
municipalities must follow.
Moving forward the overall approach would be to develop a set of policies on excess soils,
including a municipal by-law as well as a clause to be used in all request for proposals and
tender documentation for the handling, storage, and disposal of these materials.
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Appendix 8 – Emergency Projects
(to be developed)
Appendix 9 – Example Schematics
(to be developed)
Appendix 10 – Categorization of Materials
(to be developed)
Appendix 11 – Qualified Person Checklist
(to be developed)
Appendix 12 – Definitions
(to be developed)
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Appendix 13: RCCAO ad in ReNew Canada magazine
The above ad appeared as a double page spread in the
November/December 2012 issue of ReNew Canada magazine.
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Table 1: Material Types* and BMP Scenarios
Scenario /
Material
types
Soil
Made
Ground
Ground
Infrastructure
Stockpiled
Excavated
Materials
Source
Segregated
Aggregate
Site of
Origin
X
X
X
X
X
Direct
Transfer
X
X
Soil
Recycling
Centre
X
X
X
X
X
X
*Note: This is an example table to be based on the scenario involved what types of
excavated excess materials would be eligible for management under excess soils BMP.
Further definitions will be developed as part of final review and pilot testing activities.
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View this report and more at
rccao.com

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